Does Ireland implement an autonomous sanctions regime?
What is the nature of the sanctions regime in Ireland?
Ireland enacts legislation for both UN and EU sanctions and embargoes. The sanctions enforced by the EU and UN include comprehensive trade sanctions against other countries, embargoes that target arms, financial sanctions as well as sanctions that are enforced against specific individuals and limited sector specific sanctions.
The EU gives legal effect to Targeted Financial Sanction designations by the UN Sanctions Committees through EU Council Regulations. Ireland is required to adhere to those EU measures.
Financial sanctions as well as asset freezing restrictions are operated by the Irish Department of Finance but are handled by the Irish Central bank.
The Department of Jobs, Enterprise and Innovation (“DJEI”) is responsible for implementing trade related sanctions issued by the United Nations and EU.
The Department of Foreign Affairs and Trade is responsible for foreign policy and representing Ireland internationally.
In the context of sanctions, this involves engagement with the relevant bodies at the United Nations and the EU, and ensuring information is shared with the appropriate Government Departments and Agencies in Ireland.
Does Ireland maintain a list of sanctioned individuals and entities?
Yes. The Garda (Police) National Immigration Bureau possesses a database that contains information about individuals that are subject to travel sanctions. The Central Bank of Ireland also has access to the EU consolidated list and a UN Sanctions Committees list relating to terrorism.
Are there any other lists related to sanctions?
Does Ireland have a licensing or authorisation system in place?
Yes. Ireland provides an Online Export Licensing Application System included in the Export Licensing Unit website, which is controlled by the DJEI. The Export Licensing Unit itself is responsible for managing controls on the exports of dualuse items, military items and items that are destined for countries to which trade sanctions apply. The Control of Exports Act, 2008 places controls on the export of such prohibited goods.
What are the consequences for a breach of sanctions in Ireland?
The consequences of the breaking of the Irish Control of Exports Act 2008 include on a summary conviction, a fine of up to EUR5,000 and/or a prison sentence of six months. On conviction on indictment, a fine of up to EUR10 million or three times the value of the market goods being exported could be issued and/or a prison sentence of five years.
The breaching of financial sanctions in Ireland could result in fines as well as criminal conviction. The Irish statutory instruments which transpose EU financial sanctions provide for the following penalties for contravening those rules:
on summary conviction, to a Class A fine of up to EUR5,000 or to imprisonment for a term not exceeding 12 months or both
on conviction on indictment, to a fine not exceeding EUR500,000 or to imprisonment for a term not exceeding three years or both
For breaches of the Financial Transfer Act 1992 (or statutory instruments issued under it), which deals with financial transfers from Ireland to other countries, the maximum penalties are:
on summary conviction, a Class C fine, up to €2,500 and/or up to 12 months’ imprisonment
on conviction on indictment, to a fine of up to approximately €22.2 million or twice the amount of the capital in respect of which the offence was committed, whichever is the greater, and/or up to 10 years’ imprisonment
Who are the relevant regulators in Ireland and what are their contact details?
The Department of Jobs, Enterprise and Innovation is entirely responsible for the implementation of trade sanctions.
Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.